Navigating Contract Labour Law: Do We Need Form V and Other Licenses for ESI?

preizin
We are a company with fewer than 10 employees, but more than 10 when we include the contract labor (4 Contract Labour). They are asking us to furnish Form V under the Contract Labour Law for registration of ESI. Since we have not crossed 20 employees, we do not fall under the Contract Labour Law. Is it mandatory to provide Form V to contractors even though we do not fall under the Contract Labour Law?

Labor License Requirements

Is it required to obtain any other labor license like The West Bengal Labour Welfare Board? One of our employees has a gross salary of 15,000, but after the deduction of P Tax, her salary is less than 15,000. Is she eligible for ESI?

Contract Labour Act Registration

Is it necessary to get hold of registration under the Contract Labour Act to appoint 4 employees under a contract?

Regards
Harsh Kumar Mehta
You have not specified the type of company you are working in, whether it is a shop, commercial establishment, factory, etc. By adding contract labor, if the total number of persons employed is 10 or more, your establishment is definitely covered or coverable under the ESI Act, provided it is such a type of establishment as defined under the said Act. For coverage under the ESI Act, the provisions of the Contract Labor Act are not relevant. Coverage under the ESI Act is independent of any other enactment.

Regards
preizin
It's an IT company. By definition, the company falls under the ESI ambit.

Since the number of contracted labor is well within 20, does it fall under the ambit of contract labor? Is it necessary to get registration under contract labor to contract labor irrespective of numbers?
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